The introduction of the Procurement Act 2023 and associated regulations has changed the framework within which public-sector organisations procure, award and manage contracts. For commercial practitioners, understanding the procurement process alone is insufficient. Contract performance requirements must be considered and designed from the outset so that the resulting contract provides clear, measurable and commercially effective mechanisms for managing supplier performance. The course will places particular emphasis on the practical skills required to design and draft Service Level Agreements (SLAs) and Key Performance Indicators (KPIs)
The aim of the course is to enable contract and commercial practitioners to confidently design, document and operate proportionate and effective contract performance management regimes that:
- support operational and commercial objectives
- contain appropriately drafted SLAs and KPIs;
- enable objective measurement of supplier performance
- provide effective governance, escalation and remedies
- align procurement and contract-management activities
- support transparency and accountability
- reduce avoidable procurement, commercial and challenge risk
- Explain the key requirements of the Procurement Act 2023 and associated regulations relevant to their procurement and contract-management responsibilities
- Apply appropriate public procurement principles when planning and undertaking procurement activity
- Recognise procurement and contract-management decisions that can increase the risk of supplier challenge
- Explain why contract performance management needs to be designed during the procurement process rather than after contract award
- Translate business requirements into measurable supplier performance obligations
- Design a proportionate Contract Performance Management Regime appropriate to the risk, value, complexity and criticality of a contract
- Draft clear and measurable Service Level Agreements
- Design and draft effective Key Performance Indicators
- Establish appropriate performance targets, thresholds, tolerances, measurement methodologies and reporting frequencies
- Determine suitable data and evidence requirements for measuring performance
- Identify and correct poorly designed SLAs and KPIs
- Establish appropriate contract governance and supplier-performance review arrangements
- Apply escalation, remediation and contractual remedies appropriately when suppliers underperform
- Understand how contract changes and performance-management decisions can interact with procurement compliance requirements
- Maintain appropriate commercial records and decision trails to support accountability and defensible decision-making
Expert trainer
Dr Ray Carter runs his own international training and development consultancy, specialising in procurement. A prolific author, his books include Practical Procurement, Practical Supplier Selection and Relationship Management (with Sharon Croome), Practical Contract and Commercial Negotiations (with Kenny Campbell) and Practical Contract Management (with Steve Kirby, Alan Oxenbury and Geoff Kontzle).
